Reasons To Adjust Alimony Payments
Alimony can provide financial support to a parent with a lower earning capacity after the marriage ends. However, life circumstances can change after a divorce is finalized, and what might have been a fair alimony arrangement at the time may no longer make sense if one party experiences significant financial hardship. Tennessee law allows modifications under certain conditions, but these adjustments are not automatic and require legal action.
Losing a job or experiencing a significant reduction in income is one of the most common reasons a parent might seek a modification of alimony. In Tennessee, courts understand that sudden job loss or a substantial pay cut can make it difficult for the paying parent to meet their alimony obligations. If a person was paying alimony based on a certain income level and that income is no longer available, they may petition the court for a reduction in their support obligations. Similarly, the recipient parent may seek to adjust alimony if their financial situation worsens. A significant change in either party’s financial needs or living expenses may also justify an adjustment. If the recipient parent, for instance, moves to a more expensive living situation after the divorce, they might request an increase in alimony payments to reflect the higher cost of living.
Being in a stringent financial situation and requiring an alimony adjustment can be overwhelming. Identifying the best route forward can be messy, and getting lost in unfamiliar legal territory can be easy. At Davis Law Firm, we want to let you know the options available for your unique case. No matter your case type, we are ready for the challenges it might bring. Call us today at 865-830-6286 to schedule an initial case evaluation.
How Can I Adjust My Alimony Payments?
You must go through a formal legal process to seek an alimony modification. The first step in modifying alimony payments is to file a petition for modification with the court that issued the original alimony award. In this petition, you must explain the circumstances that have led to the need for a change. This petition will be reviewed by the judge who initially handled your divorce or a different judge assigned to the case. The person seeking the modification (whether paying or receiving alimony) must provide sufficient evidence that the financial hardship is real and significant enough to justify the change. It’s important to note that more than the desire to reduce payments or ask for a raise is required for most cases; the change must be substantial and based on a valid, material change in circumstances.
Both parties may engage in negotiation to reach a settlement. If the paying parent and the recipient parent agree that alimony should be adjusted due to financial hardship, they can present their agreement to the court for approval. Courts are generally inclined to approve a deal made voluntarily by both parties as long as it’s fair and just. In many cases, the assistance of a divorce lawyer can help both parties reach an agreement outside of the courtroom, avoiding lengthy litigation. If a conclusion cannot be reached, then the case likely moves on to trial. At this point, the judge will review the circumstances of both parties and determine if an adjustment to alimony will be granted or not.
Many professionals also encourage mediation to resolve disputes before they proceed to trial. Mediation can be beneficial in alimony cases where both parents may be open to negotiating a new payment arrangement but need guidance. A mediator can help facilitate discussions, ensuring both parties feel heard and helping them come to a mutually agreeable solution. If mediation results in a new agreement, the court will review it and, if acceptable, approve it as a modification of the original alimony order. For more reliable information on how to adjust alimony, the Tennessee Department of Child Services has a website with the necessary steps for this process.
Evidence Needed
Providing financial evidence is critical when modifying alimony due to financial hardship. Courts rely heavily on economic information to determine whether a change in alimony is justified. Both parents will need to provide documentation of their current income. This could include pay stubs, tax returns, or proof of any other income sources. If the paying spouse has lost their job or taken a substantial pay cut, they should provide evidence of their new employment status, such as unemployment benefits, severance packages, or job offers.
In addition to income documentation, both parties may need to provide a detailed accounting of their living expenses. This could include rent or mortgage payments, utility bills, medical expenses, or other significant financial obligations. This will help the court understand how each party’s financial needs have changed and whether the current alimony arrangement is still fair given the new economic realities.
Looking For The Help of a Professional
Everyone goes through financial ups and downs. It can be a complicated situation to adjust alimony payments. Still, depending on the case, it can be an entirely possible way for a person to meet their financial needs sustainably. Attempting to adjust alimony alone can make you feel overwhelmed and lost. It’s a detailed process you want to ensure is handled fairly and appropriately. At Davis Law Firm, we want to use our vast legal knowledge and experiences to help you get the outcome you deserve. To schedule an initial case review, call us today at 865-830-6286.
